Adults living in Tennessee are permitted to use any name they wish without going to court, unless they defraud someone by doing so. This is true regardless of the adult's marital status or gender. If a person uses a name other than the one the person was given at birth or took upon marriage, however, it will not be the person's formal legal name.

This message discusses three matters relating to formal legal names: a married woman's name, court procedures to change an adult's legal name, and special rules for changing the legal name of a minor.

A woman who marries may accept the last name of her husband or may keep her prior name, whichever she prefers. Either name she selects and uses automatically will become her legal name. A married woman is entitled to obtain a credit card and other business accounts in the legal name she selects and uses. No business or agency in Tennessee should refuse to provide services to a woman because she chooses to use her former name instead of her husband's last name.

A woman who has chosen to use her husband's last name but who later receives a divorce, annulment, or dissolution may request that the court officially restore her former name. The court usually will grant such a request. A woman who receives a divorce or remarries may not change the legal name of the children, however, without filing a separate petition in court to do so.

Following the procedure provided by Tennessee law to petition a court for a change of name creates a legal record of a name change. This may benefit people who choose a name other than the name they were given at birth, if they must prove their name. For example, a legal record of a name change would help those who wish to obtain passports in their adopted names.

A petition for a change of name should be filed on the courts of the county where the petitioner lives. The petition generally will include such information as the petitioner's place of birth, current name and address, proposed new name, reason for wanting to change names, and the names and addresses of the petitioner's parents or nearest living relatives.

The court will schedule a hearing on the proposed name change. Interested people may appear at the hearing to support or oppose the change. The court normally will approve a petition for a name change, unless there is evidence that the change is intended to defraud someone, to interfere with the rights of others, or to avoid criminal prosecution.

If the court approves a petition, it will issue a judicial decree changing the petitioner's name. To complete the change, the petitioner should send a certified copy of the decree to the agency where his or her birth certificate is recorded. For someone born in Tennessee, the agency is the Tennessee Department of Health, Bureau of Vital Statistics.

A child under the age of 18 may not file a petition to change his or her legal name, but an adult parent, guardian, relative, or friend may petition the court on behalf of the minor child. A child's name may also be changed as part of an adoption or legitimation procedure in court.

A court which receives a petition to change a child's name may require that a child's parents be notified. The father of a minor child has some legal interest in the child's last name, and the father can assert such a right at the court hearing.

If a court issues a judicial decree changing a child's name, a certified copy of the decree should be sent to the agency where the child's birth certificate is recorded.

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The information available through TBALink LawBytes is basic legal information and is not a substitute for legal advice. LawBytes is provided by the Tennessee Bar Association as a public service and for general information only. It should not be considered legal advice. You should consult your attorney if you have questions concerning any specific situation. If you do not have an attorney, may we suggest that you contact your local bar association's referral service. The topics covered through TBALink LawBytes will provide basic information and should make it easier for someone with a problem to decide whether they need professional help from a lawyer or if another agency could provide them with assistance.